I’m looking to sell in utero and am looking for guidance in what I should put in contract. I have one example from a friend but know different breeders have different expectations. That being said would love any help you can send this way. If easier you can email me at pastabean@gmail.com.
Few questions: Do I include registration and or inspection in fee?
10% deposit seems fairly standard with balance due at 72 hrs old and with health check with vet ( who pays for this)
Do you require insurance?
Do you have them pay for farrier?
Should they change their mind or not pay at 72 hrs I’m assuming most keep deposit unless their is medical or major conformational issue? Thanks in advance.
Hi. I just sent you the contract from an en utero purchase I made in 2017/2018.
As for your other questions…
The seller did not include registration (no inspection in this case - Half Arabian) fees in my purchase. However, when I sell foals (or adult horses, for that matter), I include all applicable registration and transfer fees; that’s the only way I can be sure the horse’s ownership does get officially transferred.
Buyer should pay all vet costs related to the foal, in most cases (well foal exam, initial vaccines, etc.), unless the contract specifies otherwise.
I do not require insurance on foal sales, and I was not required to insure my en utero purchase. However, I chose to insure my filly at a few months of age, as I didn’t want to ship her cross country as a weanling uninsured.
The owner (i.e. buyer) of the foal should pay for all farrier, deworming, etc., bills unless the contract specifies otherwise.
The contract should spell out under what conditions the deposit is or is not refundable. “Changed my mind” should mean loss of deposit, in my opinion.
I just put a deposit down on an In-Utero foal. It’s the first time I’ve done it, and the breeder doesn’t typically sell in-utero, but my circumstances were slightly different. We’ve had a long relationship, so she allowed me to do it. I don’t think what we wrote up will be of much help, but I can tell you how the questions above have been handled as this is not the first horse I have purchased from her.
- The breeder is taking care of registration and transfer within our breed. I offered to cover the costs, but she said she has always covered the initial registration and transfer and would continue doing it that way.
2a. Deposit: I put down slightly more than 10% - I think a few things played into this. A) She has a standard deposit in all of her purchases if you are not paying in full immediately. B) There are multiple colors that are possible in both of the crosses I am interested in, all of which come with different price ranges. C) Colts and Fillies are not priced the same. – All of these prices, separated by sex/color are listed in our contract.
2b. This particular breeder allows me to pay out over time - again, I have a long relationship with her - I would not expect this of anyone, nor do I expect it of her, but she offered. The horse was(my previous gelding) and will be(this future one) be paid for in full before pick up.
2c. All the offspring will need to be color tested to determine if they are carrying either the Dun gene or the splash gene. This will take multiple weeks. Price will change based on color results. - She highly recommends at least mortality insurance.
- Breeder did not have me pay for farrier care during the purchase of my previous horse with her (who was boarded for a few months after my initial deposit because we couldn’t come pick him up immediately. She also covered all of his pre-transport paperwork/vaccines. Again, I offered, but she said she had it covered. For this contract, other than gelding a colt, the pre-weaning care is included in the price because she would have the baby there anyway. Obviously if something major medical happened, I’m sure I will be paying… probably something we need to add to the contract.
- In my instance, in our contract we have several scenarios where the breeder has first right of refusal - since all offspring will need to be color tested(2C), final decisions won’t be able to be made for a few weeks after birth. I know this is VERY atypical. We have written that the deposit is good for 3 years and can be transferred to another non-retained or non-available offspring of another cross. If after 3 years nothing has been produced that I can buy, she will refund the deposit.
Again, this breeder does not sell in-utero often. I think she has only done it once before, as wishes she had been able to retain the foal, which is why we have retainment clauses in the contract. We worked together on it, so it was very case specific.
